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2018 Supreme(P&H) 1511

ARVIND SINGH SANGWAN
Kewal Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Appellant :Mr. Sukhmeet Singh, Advocate (Legal aid counsel)
For the Respondent: Mr. Sidakmeet Sandhu, AAG

JUDGMENT :

ARVIND SINGH SANGWAN, J.

1. Prayer in this appeal is for setting aside the judgment of conviction dated 06.08.2014 passed by the Judge, Special Court, Fatehgarh Sahib, vide which the appellant was held guilty of offence punishable under Section 15 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), for having found in possession of 52 kg of poppy husk, in FIR No.104 dated 20.08.2012 under Sections 15/61/85 of NDPS Act, Police Station Sirhind and vide order of sentence of even date, he was awarded R.I. for 10 years and to pay a fine of Rs.1,00,000/-. In default of payment of fine, the appellant was further ordered to undergo one year R.I.

2. This appeal was filed by a legal aid counsel appointed by the High Court Legal Services Committee and is in the category of cases, which are listed on Saturdays as special category cases.

3. Brief facts of the case are that on 20.08.2012, ASI Sukhwinder Singh along his co-officials, while on patrol duty on a private vehicle, was present in Village Bhamarsi near a Petrol Pump. At about 8.30 a.m., two persons were seen coming from the side of village on a scooter bearing registration No.PB-23-8613. The pillio








































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